The office of the Guernsey County Prosecuting Attorney is comprised of four separate and distinct divisions: the Adult Felony Division; the Juvenile Division; Civil Division, and the Appellate Division.

The office of the Guernsey County prosecuting attorney serves many functions within the framework of county government. The prosecutors and staff are responsible for the prosecution of all felony and juvenile cases, including assisting in the procurement of search warrants, and the presentation of cases at preliminary hearing, grand jury, and at trial.

When necessary, the Prosecutor’s Office presents cases to both the Court of Appeals and the Ohio Supreme Court, and, if necessary, to the United States Supreme Court.

In Ohio there are five degrees of felonies in addition to aggravated murder. The levels of non-murder felony offenses rage from a felony of the fifth degree which is the least serious felony charge, to a felony of the first degree, which is the most serious felony charge. The adult felony cases are prosecuted in the Guernsey County Court of Common Pleas.

The prosecutor also serves as legal advisor for the county government offices, agencies and townships. The office provides legal opinions, prepares legal documents, reviews contracts, initiates law suits on behalf of the governmental entities, and defends them in courts and before administrative agencies.

The Adult Felony Division prosecutes adults who are charged with committing any felony in violation of a state statute, as well as juveniles who may be bound over to be prosecuted as an adult. The types of crimes prosecuted by this division include: robbery, burglary, felonious assault, domestic violence, drug offenses, forgery and fraud, white collar crimes, arson, child physical and sexual abuse, sexual assault, and homicides.

Generally, the Prosecutor’s Office does not prosecute adults who are charged with the commission of misdemeanor offenses. Instead, each city or village in Guernsey County is responsible for employing an attorney to serve as the prosecutor for misdemeanor offenses committed within their municipality. Misdemeanors committed by adults in the unincorporated portions of Guernsey County are prosecuted by the Cambridge City Law Director’s Office.

The Guernsey County Prosecutor is responsible for handling all juvenile offenders in Guernsey County, which includes prosecuting both felony and misdemeanor offenses committed by children under the age of 18. These cases are protected through the juvenile division of the probate court.

Criminal and juvenile cases are generally resolved with either a negotiated plea agreement or a trial. In Ohio, any person convicted by trial has a right to an appeal.

The Appellate Division of the Guernsey County Prosecutor’s Office is responsible for preparing and arguing all appeals of the criminal and civil cases pertaining to Guernsey County.

The Juvenile Division prosecutes juvenile offenders who commit any form of crime in Guernsey County, whether felony or misdemeanor, and regardless of whether the violation is a state statute or a municipal ordinance. In addition, the Juvenile Division represents the State in those cases where it is necessary to take some form of protective custody of children due to the inability of a parent to provide for the needs of a child, or worse, cases of neglect or abuse.

In Ohio, juvenile offenders are categorized as being “unruly”, “delinquent”, or “juvenile traffic offenders”. Unruly refers to children who commit offenses that do not apply to adults, such as being truant from school. Delinquent refers to a child who violates the law in a way that would be a crime if committed by an adult. Juvenile traffic offender is a child who violates a traffic law or regulation.

In the Civil Division, the Prosecutor serves as the sole legal counsel for the board of county commissioners, board of elections, all other county officers and boards, and all tax supported public libraries. Upon request of any of these clients, I or my staff will provide researched, written opinions or instructions in matters connected with their official duties.

In addition, the Civil Division represents some of the many school districts in Guernsey County. This division must be prepared to give their clients advice on many issues such as: open meetings, public records, annexations, zoning, competitive bidding, contracts, and public employment, to name a few.

Working with the County Auditor, Treasurer, Clerk of Courts, and Sheriff, The Guernsey County Prosecutor seeks judicial sales on foreclosed properties resulting from unpaid real property taxes.

The Victim Witness Division serves crime victims and witnesses coming through the criminal justice system. They adhere to the rules set forth under the requirements of Marcy’s Law. The victim advocates can be reached at lmarlin@guernseycounty.org or jemerson@guernseycounty.org.

For more information, please call us: 740-432-9389